What is Kidnapping?
Kidnapping occurs when someone moves another person without their consent by using restraint, force, violence, or threat of violence. In order to be guilty the following elements have to be true:
- You moved that person a substantial distance
- You did so without that person’s consent
- You used force, fear, or fraud to move this person
Aggravated Kidnapping
A kidnapping charge increases to aggravated kidnapping when fraud is used to move a person and one of the following circumstances are true:
- The person kidnapped is a child under the age of 14
- The victim is held for ransom
- The victim suffers bodily harm or death
- Another person is kidnapped during a carjacking
Testimonials
“My husband and I have really had our ups and downs these past four years and it was helpful to watch your poignant YouTube video a few months ago where you described a story about never wanting to leave your clients behind. We appreciate that, believe me, as this whole journey has been unbelievably hard. Thank you for your continued support as we approach what will hopefully be the final chapter of my husband’s journey. I am hoping for the best of all outcomes.”
“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
“He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!”
“I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!”
“I was charged with 2 felonies and was at risk of jail time, losing my job and my children, basically my entire life. Mark worked closely with me and… I was able to plead no contest to 1 misdemeanor.”
“I am forever grateful for what Mark has done for my me and my family.”
“Thank you Mark… for the excellent work you all did on my son’s cases and the on-going support you all showed my family and myself through this very difficult time in our lives.”
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KAREN
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Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Penalties for Kidnapping
Kidnapping is a serious offense and holds harsh penalties. If it is a simple kidnapping (not aggravated) then the penalties include:
- Incarceration time
- A maximum fine of $10,000
Penalties for aggravated kidnapping are more severe and include:
- Enhanced incarceration time if the victim was under the age of 14 at the time of the kidnapping
- Life in prison with the possibility of parole if the person kidnapped for ransom, a reward, extortion, robbery, certain sex crimes, carjacking.
If the victim is killed or suffers bodily harm, or is placed in a situation where death is likely to occur, you could face life in prison without the possibility of parole.
Kidnapping is a serious and violent felony so it also counts as a strike against you under California’s Three Strikes Law.
Legal Defenses for Kidnapping
If the alleged victim consented to be moved then you aren’t guilty of kidnapping. It becomes kidnapping if the alleged victim decides they want to go home and you continue to take that person somewhere else against their will.
In order to be guilty of kidnapping, the victim has to be moved a substantial distance. A slight or trivial distance wouldn’t be kidnapping.
If you were just present during the kidnapping and had nothing to do with it nor knew that it was going to happen, then you can’t be charged with kidnapping.
If someone accused you of kidnapping but there’s no evidence to support it, then it becomes a he said/she said case. If there’s no proof it makes it hard for prosecutors to win.
If you are the legal guardian of a child, then you are allowed to travel with your child. You don’t have to get the other legal guardian’s permission to travel with the child.
If you take a child under the age of 14 in order to protect him or her from imminent danger or harm, then that is not kidnapping.
Have you been legally accused of committing kidnapping? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire a kidnapping attorney in Fresno who understands your situation and the consequences you face.
Your Kidnapping Attorney in Fresno
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Sex Crimes, Rape, Kidnapping, Prostitution/Solicitation, and Juvenile Crimes to name a few.
Your Kidnapping Attorney in Fresno
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Sex Crimes, Rape, Kidnapping, Prostitution/Solicitation, and Juvenile Crimes to name a few.
About Mark Broughton, Your Kidnapping Attorney in Fresno:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
Other Qualifications:
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
Practice Areas
Experience
I began my legal career in San Diego where I practiced criminal law, civil litigation, and personal injury. After a very successful practice there for 17 years, my family and I moved to Fresno, California, in 1995. Since that time, I have practiced exclusively criminal law. I was the Chief Defense Attorney for a 17 attorney criminal defense law firm that handled 3-4,000 felony cases a year. I left that firm to associate and partner with a very successful criminal law practitioner where I am continuing my commitment help protect the Constitutional rights of my clients.
I estimate that I have conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
Results
I have received many outright Not Guilty verdicts for my clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found my clients Not Guilty in four separate cases in a row. I have handled all kinds of criminal and related criminal proceedings, from violation of probation and parole hearings, DMV hearings, writs & appeals, and many other types of proceedings in the criminal process.
I have practiced all over California, in both state and Federal Court. I am qualified as a death penalty lawyer and am on the special circumstances/death penalty panel of attorneys in Fresno, California, where I am regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court. One of my greatest pleasures over my long career has been to teach and train young lawyers and law students. Most of them have gone on to be successful lawyers in their own right, and have triumphantly represented their own clients in an honest and professional way.
Community Involvement & Family
I have been involved in many community organizations, taught classes at the local law school, been a Mock Trial Attorney Judge and team coach, served as Judge Pro-Tempore for the Fresno County Superior Court, given many seminars to other attorneys, and started an organization for criminal defense lawyers to share useful information among themselves. Above all, I enjoy helping reunite my clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them. This is particularly true where alcohol or substance abuse issues have ripped formerly close and loving families apart.
I have saved the many letters of appreciation from clients and their families to whom I have been fortunate enough to have been of service. It is most gratifying for me to see them get back together, overcome their difficulties and live happy and fulfilled lives. Helping people is, after all, what being a good lawyer is all about. I like going to football and baseball games, fishing, surfing, and going to Hawaii where I can get caught up on my reading list and swim in the warm waters of the Pacific. I love sharing the lives of my two children, two grandchildren and spending time with Andrea, my wife of over 30 years.
